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Bombay High CourtCA/6877/2018disposed offdismissed for default

The Ex. Engineer, Minor Irrigation Div. Thr Mohan B Kade Sub Div. Engineer, Osmanabad And ORS v. Laxman Tukaram Vatkar

2019-09-06Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

1042-ca-6877-18 (delay).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6877 OF 2018 IN FAST/12519/2018 THE EX. ENGINEER, MINOR IRRIGATION DIV. THR MOHAN B KADE SUB DIV. ENGINEER, OSMANABAD

VERSUS

LAXMAN TUKARAM VATKAR .....

Mr. S.C. Arora, Advocate for applicant.

Ms. L.R. Thakur h/f Mr. L.C. Patil, Advocate for Respondent. .....

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 06th SEPTEMBER, 2019.

ORDER :

.

In view of order passed in Civil Application No.10280/2019, the appellant is at liberty to carry out amendment and bring legal representatives on record.

.

Present application has been filed for getting the delay of 1151 days condoned in filing first appeal. The acquiring body intends to file the appeal challenging the judgment and award passed by the learned reference Court.

2.

The learned Advocate now appearing for the legal representative of present respondent whose application bearing Civil

1042-ca-6877-18 (delay).doc Application No.10280/2019 is allowed, raised strong objection for allowing the application on the ground that whatever reasons have been given are not just and proper and there is inordinate delay. 3.

Taking into consideration the contents of paragraph Nos.4 to 7, delay stands condoned.

4.

Civil Application stands allowed and disposed of accordingly. 5.

Registry to verify and register the first appeal and place it for further consideration on 17.10.2019.

(SMT. VIBHA KANKANWADI, J.) SCM